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From: Jan Guthrie (no email)
Date: Fri Nov 02 2007 - 18:00:16 EDT
From today's Sounding Trade Only ------------
Court decision could lead to uniform anchoring laws in Fla.
A recent county court decision that found an anchoring ordinance near
Marco Island, Fla., in violation of state law could lead to a statewide
solution for the patchwork of local anchoring laws, according to BoatU.S.
The Marco Island ordinance restricted recreational boaters to a maximum
12-hour anchoring period when located within 300 feet of a seawall, and
a maximum six-day anchoring period anywhere beyond that distance.
In an Oct. 26 decision, Collier County judge Rob Crown said the
ordinance was "an unlawful regulation of publicly owned sovereign
waterways in violation of Florida law."
"Across Florida other local governments have enacted similar ordinances,
that unfairly give local interests control over public waterways,"
BoatU.S. vice president of government affairs Margaret Podlich said in a
statement. "We hope this court decision contributes to a statewide
solution that is fair to all Florida citizens."
Earlier this year, the Florida Fish and Wildlife Conservation Commission
held a series of six stakeholder meetings throughout the state to hear
concerns about anchoring issues.
BoatU.S. member and local resident Dave Dumas, in an effort to bring the
issue before the court, intentionally broke the law in January because
he and other local boaters from the Sailing Association of Marco Island
thought it was overly restrictive, according to BoatU.S.
Another BoatU.S. member, Donald Day, an attorney with the Naples, Fla.,
law firm Barry, Day, McFee & Martin, handled the case pro bono.
"As a result of Judge Crown's decision and current state statutes, many
local governments around the state have advised me that they will not be
enforcing their anchoring ordinances and will look to the state for
guidance in the form of a uniform anchoring regulation," Day said in a
statement.
The City Council members and the city attorney will meet in a
closed-door session to decide whether to appeal or accept the court
decision.
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